Open Rights Group Complains to ICO About Meta’s AI Data Use

Open Rights Group (ORG) has formally lodged a complaint with the UK Information Commissioner’s Office (ICO) against Meta Platforms, Inc. for planned changes to its privacy policy. The complaint, filed on behalf of five ORG staff who use Meta services, contests Meta’s intention to utilize user data from Facebook and Instagram for AI development under the “legitimate interests” legal basis.

Complaint Background

Meta notified UK users in late May 2024 about privacy policy updates set to take effect on 26 June . The policy outlined that Meta would employ personal data for AI development, claiming this use fell under “legitimate interests.” However, Meta’s communication did not assure users their objections would be honored, and once data is used for AI, it cannot be reversed, negating the possibility of retrospective consent.

EU and ICO Intervention

On 6 June 2024 noyb filed GDPR complaints across 11 EU member states, prompting DPAs to call for an immediate halt to Meta’s data practices. Following this, Meta announced on 14 June that it would pause the changes. The ICO also confirmed Meta’s compliance in pausing and reviewing its AI data use plans. Despite these actions, no legal amendment to Meta’s privacy policy ensures a permanent stop to the data processing, leaving users unprotected.

ORG’s Demands

ORG’s complaint insists the ICO:

  1. Issue an immediate, legally binding decision under Article 58(2) UK GDPR to stop processing the personal data of over 50 million UK users without consent.
  2. Conduct a thorough investigation under Article 58(1) UK GDPR.
  3. Prohibit the use of personal data for AI development without obtaining opt-in consent from users.

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